Murder conviction dropped

Judge sets aside 1 of 3 life sentences for Panhandle's Milner

PANHANDLE - Convicted murderer Kenneth Milner, 29, had his murder conviction and one of his three life sentences set aside Tuesday in a ruling by U.S. District Judge Mary Lou Robinson.

Robinson set aside Milner's murder conviction and life sentence in the July 13, 1990, shooting death of 17-year-old Frankie Garcia, court records state.

Robinson granted Milner's request for a writ of habeas corpus, which challenges a criminal conviction on constitutional grounds rather than the facts of the case.

On Jan. 11, 1991, Milner pleaded guilty to three separate charges, receiving three consecutive life sentences. He pleaded guilty to murder for Garcia's death. Milner also pleaded guilty to two charges of attempted capital murder in attacks later the same night that Garcia was slain.

One involved the shooting of Kenneth Williams, then principal of Panhandle High School and a former Palo Duro teacher and coach, and the other involved Jimmy Britten, who was shot with a stun gun and slashed with a razor.

The state attorney general's office and Carson County District Attorney Randall Sims were unavailable for comment late Friday.

Robinson's ruling leaves Milner's other two life sentences for attempted capital murder intact, court records state. Robinson made her ruling after examining the court records and U.S. Magistrate Clinton E. Averitte's recommendation filed July 21 to grant Milner's petition.

Court records were unclear as to the state's error allowing the writ, but Milner previously has challenged the case on the basis of double jeopardy - trying someone twice for the same crime.

Averitte noted that Milner's guilty plea for Garcia's death was obtained through a plea bargain, court records state. The plea bargain entailed Milner would plead guilty to the three counts in exchange for the state not pursuing the death penalty in Garcia's murder.

The magistrate made no recommendation whether to consider the plea bargain set aside and permit the state to reprosecute Milner as if no plea bargain had existed, court records show.